TERMS OF WEBSITE USE
Copyright, Trademarks, and Intellectual Property Rights.
Copyright © 2012 Excelsior Institute of Business and Finance. All Rights Reserved. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the “look and feel” of the Site), images, graphics, animation, videos, music, sounds, trademarks, logos, and subsidiary, patent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of Excelsior, its affiliates, and their respective licensors and licensees. These materials may not be copied, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Excelsior trademark, intellectual property right or copyrighted material without Excelsior’s prior written permission. Any unauthorized use of these materials will violate Excelsior’s intellectual property rights and will be subject to Excelsior’s full legal rights and remedies.
Limited Right to Use Content.
The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphic or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not create a web page or site or computer application of any kind that deep links to or frames this Site, any page of this Site, or any graphics, trademark or other proprietary information of any kind located on this Site without Excelsior’s express written permission. You may not use meta tags or any other type of hidden text utilizing Excelsior’s or any of its affiliates’ names, trademarks or intellectual property rights on a web site without Excelsior’s express written permission. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by Excelsior. Your right to access this Site may be terminated at any time by Excelsior without notice.
Editing, Deleting and Modification.
Excelsior reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Site, including these TERMS OF WEBSITE USE, at any time without notice.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to surreptitiously intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site’s network or other infrastructure.
No Confidentiality with Respect to Submissions or Feedback.
While we welcome your comments and feedback regarding our Site, products and services, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to Excelsior shall be considered by Excelsior to be non-proprietary and non-confidential, and may be used by Excelsior without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that Excelsior shall have no further confidentiality, non-use or other obligation to you.
Links to Other Web Sites.
The Site may contain links to other web sites that are completely independent of this Site. Excelsior is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked web site, or for the products or services offered or sold through any such linked web site. Such links shall not be construed as an approval or endorsement by Excelsior of the linked web site, or information, content, products or services offered therein. These links are provided only as a convenience to you. If you decide to access other web sites through our Site, you do so at your own risk.
You agree to indemnify, defend and hold Excelsior and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these TERMS OF WEBSITE USE or your use of the Site.
No Representation or Warranty.
While Excelsior will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and Excelsior does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THIS SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM EXCELSIOR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, EXCELSIOR DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
Disclaimer of Damages.
IN NO EVENT SHALL EXCELSIOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF EXCELSIOR OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Any dispute you have arising from these TERMS OF WEBSITE USE or your use of the Site shall be submitted to arbitration in Ohio, conducted in accordance with the commercial arbitration rules of the American Arbitration Association by a single arbitrator to be chosen in accordance with said rules. The arbitrator, applying Ohio law, without reference to its rules regarding choice of law, shall have the authority to grant any remedy that a court hearing the same case would have the authority to grant. The award or decision rendered by the arbitrator will be final and binding on you and any judgment may be entered thereon in any court having jurisdiction.
Governing Law; Limitations.
These TERMS OF WEBSITE USE shall be construed, interpreted and performed exclusively according to the laws of the State of Ohio, United States of America, without regard to the conflict of laws provisions of any state. You expressly submit to the exclusive jurisdiction of any Federal or state courts sitting in Ohio, in any action or proceeding arising out of or relating to these TERMS OF WEBSITE USE or this Site, and you hereby consent to extra-territorial service of process. Should any part of these TERMS OF WEBSITE USE be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These TERMS OF WEBSITE USE may not be the only terms between Excelsior and you. Specifically, you may also be bound by Excelsior’s TERMS OF SERVICE which are the terms under which all non-website services are offered and/or delivered to you. These TERMS OF WEBSITE USE supercede any and all prior TERMS OF WEBSITE USE or contemporaneous agreements, representations, warranties and understandings with respect to the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these TERMS OF WEBSITE USE, the TERMS OF WEBSITE USE shall take precedence. Excelsior’s failure to enforce any provision of these TERMS OF WEBSITE USE shall not be deemed a waiver of such provision nor of its right to enforce such provision.